section 306(d) of this titleThe President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of admiral with pay and allowances of that grade. The appointment and grade of a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in .
Aug. 4, 1949, ch. 393 63 Stat. 499 Pub. L. 86–474, § 1(6)74 Stat. 144 Pub. L. 88–130, § 1(5)77 Stat. 175 Pub. L. 89–444, § 1(6)80 Stat. 195 Pub. L. 92–451, § 1(4)86 Stat. 755 Pub. L. 97–295, § 2(2)96 Stat. 1301 Pub. L. 99–348, title II, § 205(b)(2)100 Stat. 700 Pub. L. 103–206, title II, § 204(b)(1)107 Stat. 2421 Pub. L. 111–281, title V, § 511(f)(1)124 Stat. 2952 Pub. L. 114–120, title II130 Stat. 33 Pub. L. 115–282, title I132 Stat. 4196 Pub. L. 119–60, div. G, title LXXII, § 7201(b)139 Stat. 1675 (, , § 47; , , ; , (6), , ; , (7), , ; , , ; , , ; , , ; , , ; , (g), , , 2953; , §§ 201(b), 209(3), , , 40; renumbered § 304 and amended , §§ 104(b), 123(b)(2), , , 4240; renumbered § 303, , , .)
Historical and Revision Notes
Apr. 16, 1908, ch. 145 35 Stat. 61 Jan. 28, 1915, ch. 20, § 1 38 Stat. 800 Jan. 12, 1923, ch. 25, § 2 42 Stat. 1130 May 24, 1939, ch. 148 53 Stat. 757 June 6, 1940, ch. 257 54 Stat. 246 July 23, 1947, ch. 301, § 2 61 Stat. 410 May 19, 1948, ch. 305 62 Stat. 239 Based on title 14, U.S.C., 1946 ed., §§ 11a, 12 (, §§ 1, 2, ; , ; , ; , §§ 2, 3, ; , §§ 1(b), 3, ; , ; , ).
section 48 of this titleSaid sections have been divided. The provisions of the proviso of title 14, U.S.C., 1946 ed., § 11a, and the first proviso of title 14, U.S.C., 1946 ed., § 12, are placed in and the remainder is placed in this section.
The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers. 81st Congress, House Report No. 557.
Editorial Notes
Prior Provisions
section 304 of this titleA prior section 303 was renumbered .
act Aug. 4, 1949, ch. 393 63 Stat. 518 act May 29, 1954, ch. 249, § 20 o68 Stat. 167 Pub. L. 88–130, § 1(10)(A)77 Stat. 177 Another prior section 303, , , required compulsory retirement of warrant officers reaching age of sixty-two years, with retired pay of grade with which retired, prior to repeal by (), , and by , , .
Amendments
Pub. L. 119–60section 304 of this title2025— renumbered as this section.
Pub. L. 115–282, § 123(b)(2)2018—, substituted “section 306(d)” for “section 51(d)”.
Pub. L. 115–282, § 104(b)section 47 of this title, renumbered as this section.
Pub. L. 114–120, § 209(3)2016—, substituted “Commandant” for “commandant” in section catchline.
Pub. L. 114–120, § 201(b), substituted “grade of admiral” for “grade of vice admiral”.
Pub. L. 111–2812010— substituted “Vice commandant; appointment” for “Vice Commandant; assignment” in section catchline and “section 51(d)” for “subsection 51(d)” in text.
Pub. L. 103–206section 51(d) of this title1993— struck out “; retirement” after “assignment” in section catchline, struck out “(a)” before “The President may appoint”, substituted “The appointment and grade of a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in sub.” for “The appointment of a Vice Commandant shall be effective on the date the officer assumes such duty, and shall terminate on the date he is detached from such duty.”, and struck out subsecs. (b) to (d) which read as follows:
“(b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral.
“(c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral.
“(d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade.”
Pub. L. 99–348, § 205(b)(2)(A)1986—Subsecs. (b), (c). , struck out “and retired pay” after “with the grade”.
Pub. L. 99–348, § 205(b)(2)(B)Subsec. (d). , struck out “and with the retired pay of that grade” after “permanent grade”.
Pub. L. 97–2951982—Subsec. (a). substituted “a” for “an” before “Vice Commandant”.
Pub. L. 92–4511972—Subsec. (a). substituted “Vice Commandant” for “Assistant Commandant” in four places, and “above the grade of captain” for “in the grade of captain or above” in second sentence.
Pub. L. 92–451Subsec. (b). substituted “A Vice Commandant” for “An Assistant Commandant”.
Pub. L. 92–451Subsecs. (c), (d). substituted “Vice Commandant” for “Assistant Commandant” wherever appearing.
Pub. L. 89–444, § 1(6)1966—Subsec. (c). , struck out requirement that Assistant Commandant serve 2½ years as Assistant Commandant before becoming eligible for retirement with the grade and pay of vice admiral.
Pub. L. 89–444, § 1(7)section 334 of this titleSubsec. (d). , struck out provision that , which covers cases of retirement when a higher grade has been held, shall not apply to an officer retiring within 2½ years of the date of his original assignment as Assistant Commandant.
Pub. L. 88–130, § 1(5)1963—Subsec. (a). , substituted “officers on the active duty promotion list serving in the grade of captain or above” for “active list of officers who hold a permanent commission as captain or above”.
Pub. L. 88–130, § 1(6)Subsec. (d). , substituted “section 334” for “section 243”.
Pub. L. 86–4741960— amended section generally, and, among other changes, required Assistant Commandant to be appointed from the active list of officers who hold a permanent commission as captain or above, raised grade of Assistant Commandant from rear admiral to vice admiral, increased his pay and allowances from that of a rear admiral (upper half) to that of a vice admiral, struck out provisions which related to an Engineer in Chief, and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1972 Amendment
Pub. L. 92–451section 3 of Pub. L. 92–451section 2151 of this titleAmendment by effective , except that continuation boards may not be held until one year thereafter, see , set out as a note under .
Effective Date of Higher Grade and Increased Pay and Allowances
section 2 of Pub. L. 86–474section 302 of this titleThe increased grade of vice admiral for the Vice Commandant, including the pay and allowances applicable to such grade, effective on the first day of the month following , see , set out as a note under .